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    • Asset Link filed for a default CCJ against me, in relation to an old Barclaycard debt which I apparently signed an agreement for back in 2000.   I did not own a Barclaycard in 2000 so I know this is not true.  The CCJ notice was sent to an old address so I did not receive it.  Years later when I found out about the CCJ when I applied for credit, I put an application in to have the CCJ set aside.   As part of the set aside case, I was asked by the judge to provide a draft defence, should the CCJ be set aside.   The defence I provided was that I did not admit to the debt as I had not been provided with any evidence of an original loan agreement.   I won the case and the CCJ was set aside.   Link then filed to court again to make me pay the debt.   We both filed directions questionnaires and the judge allocated the claim to the small claims track.   As part of the directions, additional directions given were as follows ' Additional Directions in a claim for an Assigned Debt - Because the claim is in respect of an assigned debt the Court makes the following directions for the management of claim.  The claim shall be automatically struck out at 4pm on 3 April 2024 unless, before that time, the Claimant delivers to the Court and to the Defendant the following documents'  It then listed various documents such as an original agreement, deed of assignment, notice of default, statement of account setting out how the alleged debt accrued under that agreement etc.     The Claimant failed to provide these documents within the deadline provided and instead I received a copy of a bundle of documents provided by them in preparation for the court date, this was received weeks after the deadline.    I have called the Court to ask if it has been automatically struck out and they advised that it is not automatic and that I should still send my witness statement by the deadline provided, which is Wednesday.  This does not give me much time to prepare my witness statement.   I have never done anything like this before and I am unclear what my witness statement should include.  My thoughts were that I should keep it simple and stick to the facts, like the fact thy have not provided evidence of the original agreement, or the deed of assignment of the debt.   They have provided a copy of a default notice from Baclaycard dated 2015, this states a figure of £550 but the debt they say I owe is £10k.   I am not sure what makes a valid default notice?   I have previously requested proof of the debt from Barclaycard directly and have evidence of emails between us where they have been unable to provide me with the agreement or any documents at all relating to the debt.   Should I include these as an appendix?  Are there any other documents I should include in my bundle?    I have also tried to mediate with the claimants, to save the court costs and time, on a without prejudice basis, but the claimants solicitors refused to mediate.   Should i state this in my witness statement too to show the judge that I have been reasonable and they haven't? Many thanks   Louise
    • Right that's exactly why so many drivers got caught, it had been that way for many years then suddenly changes with no warning
    • The hearing is 25th June, I have downloaded items to different organisations previously but they do it a simple way and I just cross out private things with a felt tip and sent to an email address.  I have looked at the instructions for CAG it seems extremely complicated especially this about having to use a system MSPAINT.EXE that removes your personal information. I am hoping one of my Grandchildren understands things to give me help, I have shown one of my daughters she said she does not understand the instructions. I have a PC and I mainly use a lap top, as previously advised I only understand the straightforward things, sending an email and using my scanner to send a document that I save in a file or send it to an email. I will try and find someone to help me, thanks for your help you have given me so far appreciate it        
    • Yes, it would. Especially as they are supposed to put up extra signs to show that parking restrictions have changed, which of course they won't have done.
    • Right would that be grounds for a dismissal right there then, 90 seconds?! Lookingforinfo - you're getting crossed wires buddy, we're in the hospital thread here, the ICO complaint was my other appeal the Locton estate one   Regards
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Exclusive Leather Sofas - Cannock - Result


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I have been thinking maybe we should all get together at Exclusive Leather Sofas together with Lubylou so she could facilitate some communication with the business. It seems that we all want to communicate to the business that we would all like a refund as is our statutory right. As Lubylou has had a positive experience she may be the best person to help communicate effectively - we have all tried but its very difficult to get dialogue with Exclusive Leather Sofas' Manager when she won't listen to our requests. LubyLou and the rest of the agrieved clients are you up for it??

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i cant understand wat u lot are on about land of leather are just land of leather when you go on about us sofa companys its silly because the problem is people want it straight away but thats not how it works in dfs we tell you its going to be 3 months it 99% time right by law they are aloud to go fourweeks over the ESTIMATED time due to customs

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I beg to differ the contract is completed on delivery and I think most people here have had something delivered - all of it of an unsuitable standard and not fit for purpose and I dont think the 4 week rule you refer to is detailed in the Sale of Goods act. Maybe some expert on the site could give us some good advice on that point.

 

Anyway DFS, don't worry I dont see complaints about you here its just that Exclusive Leather Sofas in Cannock thats recieving the stick here and with a cluster of us we can't all be wrong can we???.

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Biffa 99 is right, so many people would not be making complaints about this company if they dealt with the problems that THEY have created in a fair and satisfactory manner.

I have been promised a £600 refund, in writing, by miss Boulton. I am still waiting for this to be returned but she is not returning my letters or telephone calls.The last time we spoke to her she told us that we had to have the payment made back on to the credit card which the payment was made from, The credit company say this is false, any one got any ideas on that one?

I phoned the customer services department on Sat and asked who can deal with this matter, the girl told me that Jane deals with it as she is the Manager, but the owners of the store are ABOVE her, so I think maybe we should all be looking to get together at the store to have a word with them, as previously suggested.I think as they are the ones who are going to lose business over this then they should know why.

I am also going to be contacting the BBCs Watchdog programme,any one up for it,? as the more of us that do the more likely we are to get the case on TV.

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on 1/10/2006 i visited els, they didnt have a suite i wanted , but i was told one could be made to my requirements, i described what i wanted, sales woman said she would ask manufacturers, she came bk and she said yes it could be done, i replied well plz do not order anything untill you have sent me pics either bt e mail or by post, to this she agreed, neither arrived in 1st month, so i wrote and told them to refund my dep, and cancel, i was then told TOO LATE suite had already gone into production, i said noway was i going to pay 3000pounds for something i haven,t seen, 3 months later i receive a letter asking me to take delivery, i declined, untill i seen pics, they finally arrive, suite is awful, nothing like i wanted, today i recieved a court summons for the sum of almost 3000pounds, for something i haven,t ordered.WHAT DO I DO NOW?

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It's always better to start your own thread Suze rather than add on to someone else's.

 

What I will ask though is, what did you sign? You gave them a deposit so I assume that something was contracted for.

Please note I'm not insured in this capacity, so if you need to, do get official legal advice.

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i,m sorry folks new to this, i signed a finance agreement, have been in touch with ed doolan, he said try trading standards they dont seem to be helping, also consumer direct, i,m at my wits end. being forced to pay for something i haven,t seen, i signed contract under the belief i would see the item b4 it was ordered.

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I'm not sure why you signed a finance agreement for something that you weren't sure about.

 

It's almost impossible to advise you without seeing the paperwork and what you have signed though, you are probably better off going to Trading Standards in person if they offer a drop in service or to the local Citizens Advice Bureau.

Please note I'm not insured in this capacity, so if you need to, do get official legal advice.

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Suze 53

Have they delivered a sofa? Or just sent a picture?? I did not think they can calim monies unless every attempt has been made to deliver?? Where upon if its not to the specification on the order form in any shape or form you can reject.... the experts may know

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If the written specifications on the order form do not match what the pictures of the suite show I think you can defend their claim. The furniture ombudsman can assess the suite with an appropriate value at a cost. Look for key things like colour, style and arm or back configuration. As Rosie says drop in to CAB or Trading standards so they can see the picture with the order form and work up the defence from there. Best of luck

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Hi everyone. For reference, please see my own thread here:

 

dibby v Exclusive Leather Sofas (see link at bottom of this page).

 

I've been reading the latest batch of postings on this thread concerning ELS. It's appalling, and you all have my sympathies. I must admit, the posting by Lubylou's did bring a smile to my face. I'm NOT surprised they couldn't come up with anything better than that.

 

Please see (on my thread) the posting made by DivineRetribution. And tell me what you think.

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I looked at your posting and asked a Q of Divine Retribution.....

 

Not sure what I think other than I hope they are relieved that they do not work for ELS anymore and could always have a chat with Trading Standards if they have concerns over trading practice.

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Exclusive Leather Sofas will do and say anything in order to get you to part with your cash or to sign a finance agreement. They promise you the earth but once they have your money, that's where the communication ends. You then potentially have a major fight on your hands if either you dont receive your furniture or if you receive faulty goods.

 

My first posting on this website (dibby v Exclusive Leather Sofas) seems to have been copied onto another website called click2complain. The wording is almost exactly the same with a few changes. I remember the manager of the Cannock branch of Exclusive Leather Sofas ringing me up and literally screaming at me and saying "we are not theives". I did not say that they WERE theives. I've only just discovered that my posting was copied from here and inserted into click2complain under an annonymous posting. But to be perfectly honest, I dont mind in the slightest. The more bad publicity this company receive, the better.

 

Lubylou (who worked for the company for many years apparently) is suggesting that we all try 'communicating' with ELS. Believe me Lubylou I am an excellent communicator - that is my job. My communication skills were wasted on this company let me tell you. I was fobbed off from one miserable sounding employee to the next before having the priviledge of finally talking to Jane Boulton, the Cannock branch manager. Now that was an experience!

 

What I ABSOLUTELY fail to understand is WHY a company would continue to employ a manager who has no interpersonal skills, a person who uses sarcasm, who is arrogant, unhelpful and rude. I can only assume that she is related to the owners of this horrid company.

 

Eventually I realised it was absolutely pointless trying to reason with ELS and so I started court proceedings. Eventually they settled out of court - as I guess they would.

 

Lets not forget, it is not in ELSs interest to appear in court every week - and I'm sure they have enough unhappy customers to facilitate a weekly appearence! Think about it, how do you think a judge would look upon this company if they were in court all the time?????

 

The manager tries 'scare tactics' in the hope that you will not persue your rights legally. Persevere folks and go the whole hog. This company's bad business practice must be stopped.

 

I have had a full refund (including court costs). And if you persevere, you will too.

 

Again, good luck to you all.

 

Dibby

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Hi CC, yes they are one and the same I'm afraid to say. :Cry:

 

All I can suggest to you is that if you are not happy about delivery times or the quality of your furniture, then refer back here for advice.

 

Good luck, you may be one of the lucky ones!

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I am still waiting, ELS have been served papers, I have to wait for a reply, then take the wonder next step. I am looking forward to seeing them in court, I am going all the way with this one. These people putting away. A one week old baby could do a better job than them.

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After reading some of the comments on this site I have been really worried when I would receive my suite and in what condition, as I paid for it when I ordered it and was told 16 weeks until delivery.

 

I would now like to reassure anyone still waiting for theirs. I have had nothing but excellent service from this company, all 'phone calls promptly returned, even a vociemail to my mobile when my home 'phone was out of order, delivery on time with a 'phone call an hour before. The suite was well packaged, unwrapped and positioned where I wanted it.

 

I would definately recommend this company, at least the Birmingham branch. The suite is lovely and comfy well made I love it

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we did a search of CCJ's and Exclusive Leather Sofas had numerous CCJ in last 6 months and there are atleast 4 court proceedings on this site which never got to court for this year...speaks volumes don't you think! There are plenty of reasonable sofa companies to deal with not sure its worth risking the trauma with Exclusive Leather Sofas.

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Hi everyone I would like to tell you about an experience I had at the Cannock store last September/October 06.

 

My husband and little boy were with me looking at suites at Exclusive Leather Sofas when we witnessed two ladies and a gentleman being verbally insulted and threatened by a member of the staff. This certainly was not done in a quiet manner that's why it drew our attention. When we asked the salesman who the man was doing the shouting he told us it was the boss Gary Lord.:o

 

It was quite obvious that this man with his loud abusive mouth was trying to get these three people to retaliate which I can honestly say they didn't. The words P... Off, Get out of my shop was said over and over and Take me to court I have more money than you.

 

I presume these three people were customers who must have had a complaint with ELS. We felt it was appalling and thought "that could be us if we have furniture from here".

 

Needless to say we went elsewhere but I did wonder what happened with those customers. Divine Retribution were you working there at that time do you remember it?.

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Makki, sorry kid. I wasnt working then, only started late last year. but it doesnt surprise me at all. You only have to say something they dont like and its all screaming and shouting and swearing. I am not surprised you were shocked but that was onyl one of many examples of such behaviour that i witnessed in my short time there. i am glad i left (sacked, pushed, jumped, whatever) and i have learned a hard and valuable lesson

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Hi, be warned. Retribution is a wonderful thing, but only if you are careful.

 

ELS was a shocking place for me to work. If anyone has anything to ask about this company just let me know and i will help any way i can. Having worked at the heart of the company i know how it works and can answer most of your questions.

I will say this in fairness. In my time there hundreds of orders passed through the company and although the service departments were always busy there were never that many comaplinants. You always do get a few who will do nothing but complain from the begining.

HOWEVER, that is no excuse for the attitude i saw used with customers, both directly and over the telephone. The management practices were severe, both for the customer and staff alike. The staff work on one principle alone, and i doubt it will ever change. that was:

"I am the boss, you do it the way i tell you to do it and that's it. Your thoughts and opinions on my practices are irrelevant. Do it this way or dont come to work".

That about sums up working at ELS.

 

Your truly, awaiting questions.

Divine Retribution

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I am also getting advise from Trading standards to go the small claims court, and also in the mean time I will be contacting the ED Doolan radio show on radio WM 95.60 to expose Exclusive Leather Sofa. Tel the show on 08453009956 if you are still having problem, just to make people that listen to the show be aware of companies like that.

 

Is there a geographical number for Ed Doolan, so I can enter it into saynoto0870.com?

BATRacer: Browser-based motor racing simulation. Free to play :)

 

http://batracer.com/-1FrontPage.htm?6q0

 

Advice offered by abo999 is without predjudice and is for your judgement as to whether to take it.

You should seek the assistance or hire of a solicitor or other paid professional if in doubt

 

Halifax: £1299 settled in full, payment received

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